NO. 25720
IN THE SUPREME COURT OF THE STATE OF HAWAI`I
ASSOCIATION OF UNIT OWNERS OF THE IMPERIAL HAWAII RESORT,
Plaintiff-Appellee
vs.
MATTHEW C. BASSETT, Defendant-Appellant
and
SILVERHAWK DEVELOPMENT CORPORATION OF HAWAII; DOLORES DRUM,
Successor Trustee of the Maida K. Divanian Charitable Trust dated
March 4, 1996; MAIDA K. DIVANIAN, Trustee of the Maida K.
Divanian Charitable Remainder Trust dated March 4, 1996; FINANCE
FACTORS LIMITED; DTP HOLDINGS, INC., Defendants-Appellees
and
FIDELITY ESCROW SERVICES, INC., Intervening Defendant-Appellee
and
EVELYN M. BATESOLE; EASTERN SAVINGS BANK, FSB; JAMES HOGG; and
LISA HOGG, Defendants
--------------------------------------------------------------------------------------------------------------------------------
EASTERN SAVINGS BANK, FSB, a federally chartered savings bank,
Third-Party Plaintiff
vs.
FIDELITY ESCROW SERVICES, INC., a Hawaii corporation,
Third-Party Defendant-Appellee
and
JOHN DOES 1-50, MARY DOES 1-50, and DOE PARTNERSHIPS 1-50,
CORPORATIONS 1-50, DOE ENTITIES 1-50, and
DOE GOVERNMENTAL UNITS 1-50, Third-Party Defendants
APPEAL FROM THE FIRST CIRCUIT COURT
(CIV. NO. 99-1052)
ORDER DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon review of the record, it appears that the March 25, 2003 order distributing the special commissioner's holding escrow, the Honorable Karen N. Blondin presiding, finally resolved the intervenor-defendant's counterclaim and cross-claims for interpleader, which were claims separate from the plaintiff's claim for foreclosure. Judgment on the plaintiff's claim for foreclosure was entered pursuant to HRCP 54(b) and HRCP 58 on August 26, 1999, but judgment on the intervenor-defendant's claims for interpleader has not been entered pursuant to HRCP 58. See Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai`i 115, 869 P.2d 1334 (1994)(an order finally resolving claims is not appealable until a separate judgment on the claims is entered pursuant to HRCP 58). Thus, the appeal of the March 25, 2003 order is premature and we lack jurisdiction. Therefore,
IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction.
DATED: Honolulu, Hawai`i, July 11, 2003.